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Thought Leaders

Thought Leaders

Don Harvey

Don Harvey

Secretariat1175 Peachtree Road NE100 Colony Square - Suite 400AtlantaGeorgiaUSA30361

Thought Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Clients are “very much impressed” with Don Harvey’s work, stating that he “should be on anyone’s shortlist for schedule and delay analysis”.

Questions & Answers

Mr Harvey is the founder and managing director of Secretariat International. Secretariat International specialises in providing independent expert advice on construction projects in the areas of programming and scheduling (delay and disruption) contract review, programme assessment, cost and damages, and productivity and inefficiency. He has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses.

What attracted you to a career as a testifying expert?

The challenge of analysing complex issues and explaining them in a straightforward manner to tribunals.

How has the role of expert witness changed since you started practising?

Tribunals have started relying more heavily on experts through the use of joint expert statements and hot-tubbing.

What are the benefits of using concurrent expert evidence or hot-tubbing to provide expert testimony?

I believe the benefits are huge. They are mechanisms for the tribunals to assess the underlying rationale that creates disagreements between experts.

What can independent experts offer in the market?

Independent experts can obviously educate tribunals in a formal dispute process, but they also can play a significant role in helping to settle disputes in negotiations and mediations.

In your opinion, what attributes make for a good construction expert?

Independence and the ability to articulate complex issues in a simple manner.

How does the international nature of your practice inform your work?

It has taught me that irrespective of geography/country/culture, being objective is the most effective trait of an expert witness.

How do you see your practice developing over the next five years?

Continuing to help colleagues develop their skillsets/careers.

What makes Secretariat International stand out from competitors?

Culture, quality and objectivity. We were just named a “Best Firm to Work For” by Consulting Magazine, which validates SI’s commitment to culture.

Thought Leaders - Arbitration Expert Witnesses 2020

Q&A

WWL Ranking: Thought Leader

WWL says

Don Harvey is “very well regarded” among market commentators who distinguish him as “one of the best for delay disputes”. ​

Questions & Answers

Mr Harvey is a managing director at Secretariat (a leading provider of expert services). Mr Harvey provides advice on delay, cost/damages, and productivity/inefficiency. He has been engaged on many of the highest-profile construction disputes in the world, such as the Panama Canal, Wembley Stadium and the Burj Khalifa. Mr Harvey is known for his independence and common-sense approach. He is one of the leading testifying experts in the construction dispute arena. Mr Harvey is a civil engineer with an MBA in finance. 

How do you prepare for complex high-value multinational disputes?

Have a thorough understanding of the facts and details of the project.

What more should more be done to improve the transparency of arbitration proceedings?

An advantage of arbitration (and a key factor in its success/growth) is the confidential nature of proceedings and, therefore, I am not sure that making it transparent is in the best interests of the clients.   

To what extent has the arbitration expert market become fragmented over the past decade?

It has become more fragmented and more localised to specific geographies with the growth of key arbitration centres (Singapore, Dubai, Paris, New York, London, etc). 

If you could implement one reform in international arbitration, what would it be?

More reliance on videoconferencing for hearings/meetings. This would decrease expenses for the client and help the industry do its part for climate change. I recently participated in an arbitration hearing on a $500 million dispute that was done entirely using Zoom (due to the coronavirus). I thought it was extremely successful. 

What can expert witnesses do to help tribunals understand the reasons for gaps between different quantum figures they propose?

Clearly articulate the differences using the joint expert report mechanism. 

What steps can younger experts take to improve their chances of getting testifying appointments?

Perform high-quality work and maintain your independence. Experienced practitioners can greatly assist with the development of future talent (which is a core principle at Secretariat).

You have enjoyed a highly successful career to date. What is your proudest achievement?

Developing our people and seeing them succeed.

What advice would you give to experts hoping to one day be in your position?

Work hard and understand the details of your case; maintain your objectivity; and treat people well.

WWL Ranking: Thought Leader

WWL says

Clients are “very much impressed” with Don Harvey’s work, stating that he “should be on anyone’s shortlist for schedule and delay analysis”.

Questions & Answers

Mr Harvey is the founder and managing director of Secretariat International. Secretariat International specialises in providing independent expert advice on construction projects in the areas of programming and scheduling (delay and disruption) contract review, programme assessment, cost and damages, and productivity and inefficiency. He has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses.

What attracted you to a career as a testifying expert?

The challenge of analysing complex issues and explaining them in a straightforward manner to tribunals.

How has the role of expert witness changed since you started practising?

Tribunals have started relying more heavily on experts through the use of joint expert statements and hot-tubbing.

What are the benefits of using concurrent expert evidence or hot-tubbing to provide expert testimony?

I believe the benefits are huge. They are mechanisms for the tribunals to assess the underlying rationale that creates disagreements between experts.

What can independent experts offer in the market?

Independent experts can obviously educate tribunals in a formal dispute process, but they also can play a significant role in helping to settle disputes in negotiations and mediations.

In your opinion, what attributes make for a good construction expert?

Independence and the ability to articulate complex issues in a simple manner.

How does the international nature of your practice inform your work?

It has taught me that irrespective of geography/country/culture, being objective is the most effective trait of an expert witness.

How do you see your practice developing over the next five years?

Continuing to help colleagues develop their skillsets/careers.

What makes Secretariat International stand out from competitors?

Culture, quality, and objectivity. We were just named a “Best Firm to Work For” by Consulting Magazine, which validates SI’s commitment to culture.

Global Leader

WWL Ranking: Recommended

WWL says

Don Harvey is “very well regarded” among market commentators who distinguish him as “one of the best for delay disputes”. ​

Biography

Mr Harvey is the founder and managing director of Secretariat International. Secretariat International specialises in providing independent expert advice on construction projects in the areas of programming/scheduling (delay and disruption) contract review, programme assessment, cost/damages and productivity/inefficiency.

Mr Harvey has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses. Through his years of experience as a construction project manager and as an expert consultant, Mr Harvey has developed a detailed knowledge of construction, project management, scheduling and cost controls. He has been engaged by multinational owners, developers and contractors on many of the highest-profile construction disputes in the world such as the Panama Canal, Wembley Stadium and the Burj Khalifa. Mr Harvey has also been involved with several high-profile disputes related to government contracting and information technology (IT) development/implementation programmes.

Mr Harvey is known for an independent common-sense approach to assessing complex projects based on a detailed knowledge of construction and a practical application of facts. He has testified numerous times as an independent expert witness in the Americas, Europe, Asia, the Middle East and Africa under the following forums: ICC, Uncitral, Stockholm Institute, AAA, DIAC, LCIA, SIAC, Moscow Court of Arbitration, DRB and DAB. He has also given evidence in the Technology and Construction Court in London, and state and federal courts in the United States. Mr Harvey has experience in the following sectors: oil and gas, mining, power, nuclear, pipelines, rail, highways/bridges/tunnels/airports, hospitals, stadiums, high-rise commercial/residential, education, processing facilities, ship building and manufacturing facilities.

Mr Harvey has a degree in civil engineering from the University of Virginia and an MBA from George Washington University.

WWL Ranking: Global Elite Thought Leader

WWL says

Don Harvey is a “seasoned” and “excellent” construction specialist, looked upon with enormous favour for his leading expertise on the delay side.​

Biography

Mr Harvey is the founder and managing director of Secretariat International. Secretariat International specialises in providing independent expert advice on construction projects in the areas of programming/scheduling (delay and disruption) contract review, programme assessment, cost/damages and productivity/inefficiency.

Mr Harvey has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses. Through his years of experience as a construction project manager and as an expert consultant, Mr Harvey has developed a detailed knowledge of construction, project management, scheduling and cost controls. He has been engaged by multinational owners, developers and contractors on many of the highest-profile construction disputes in the world such as the Panama Canal, Wembley Stadium and the Burj Khalifa. Mr Harvey has also been involved with several high-profile disputes related to government contracting and information technology (IT) development/implementation programmes.

Mr Harvey is known for an independent common-sense approach to assessing complex projects based on a detailed knowledge of construction and a practical application of facts. He has testified numerous times as an independent expert witness in the Americas, Europe, Asia, the Middle East and Africa under the following forums: ICC, Uncitral, Stockholm Institute, AAA, DIAC, LCIA, SIAC, Moscow Court of Arbitration, DRB and DAB. He has also given evidence in the Technology and Construction Court in London, and state and federal courts in the United States. Mr Harvey has experience in the following sectors: oil and gas, mining, power, nuclear, pipelines, rail, highways/bridges/tunnels/airports, hospitals, stadiums, high-rise commercial/residential, education, processing facilities, ship building and manufacturing facilities.

Mr Harvey has a degree in civil engineering from the University of Virginia and an MBA from George Washington University.

WWL Ranking: Global Elite Thought Leader

WWL says

Don Harvey is a “leading name on the delay side” who has in-depth knowledge of construction delay and disruption claims relating to the areas of programming and scheduling.

Biography

Mr Harvey is the founder and managing director of Secretariat International. Secretariat International specialises in providing independent expert advice on construction projects in the areas of programming/scheduling (delay and disruption) contract review, programme assessment, cost/damages and productivity/inefficiency.

Mr Harvey has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses. Through his years of experience as a construction project manager and as an expert consultant, Mr Harvey has developed a detailed knowledge of construction, project management, scheduling and cost controls. He has been engaged by multinational owners, developers and contractors on many of the highest-profile construction disputes in the world such as the Panama Canal, Wembley Stadium and the Burj Khalifa. Mr Harvey has also been involved with several high-profile disputes related to government contracting and information technology (IT) development/implementation programmes.

Mr Harvey is known for an independent common-sense approach to assessing complex projects based on a detailed knowledge of construction and a practical application of facts. He has testified numerous times as an independent expert witness in the Americas, Europe, Asia, the Middle East and Africa under the following forums: ICC, Uncitral, Stockholm Institute, AAA, DIAC, LCIA, SIAC, Moscow Court of Arbitration, DRB and DAB. He has also given evidence in the Technology and Construction Court in London, and state and federal courts in the United States. Mr Harvey has experience in the following sectors: oil and gas, mining, power, nuclear, pipelines, rail, highways/bridges/tunnels/airports, hospitals, stadiums, high-rise commercial/residential, education, processing facilities, ship building and manufacturing facilities.

Mr Harvey has a degree in civil engineering from the University of Virginia and an MBA from George Washington University.

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